DECISION This is an appeal under section 30 of the Workmen's Compensation Act.
2. Feroz Khan, husband of the respondent was employed as Operator in the factory of the appellant situated at Korangi. The appellant had provided a Microbus as a transport facility to the workers. On the night between 18/19th of September 1972 Feroz Khan was travelling alongwith other workers in the Microbus but on the way an accident took place as a result of which Feroz Khan was seriously injured. He was admitted in the Hospital and died. The respondent, who is wife of the deceased filed a4claim. The learned Commissioner, after recording the evidence, allowed Rs 10,000 as the deceased was earning Rs. 150 per month. A contention was raised before him that the case of the deceased was covered by Social Security Ordinance and, therefore, jurisdiction of the Commissioner was barred. This contention was repelled in view of the decision of the High Court in the case of Lai Jan v. Silver Paper Tube Co. (1).
3. The learned counsel for the appellant has pressed two grounds before me. The first ground is that the jurisdiction of the Commissioner was barred by virtue of Social Security Ordinance. This contention cannot be allowed to prevail in view of the decision of the High Court, as already indicated.
4. The next point that was argued that the Microbus was provided as a matter of convenience to the workers to reach the duty and it was not obligatory for the appellant to provide any such facility. This contention was not pressed before the learned Commissioner and cannot be allowed to be raised for the first time at this stage as it is a question of fact whether the facility which was provided was obligatory or not. The learned counsel, however, pointed out that the plea was taken in the written statement. This may be so but it was not pressed at the time of argument as not only it is clear from the order of the Commissioner but even in the written arguments which were filed before the Commissioner, no such plea was agitated.
5. In the result the appeal is dismissed. (1) PLD 1974 Kar. 140.